STATE v. THOMAS

No. C 80-03-30927; CA 18272.

631 P.2d 1387 (1981)

53 Or.App. 375

STATE of Oregon, Respondent, v. Joseph W. THOMAS, Appellant.

Court of Appeals of Oregon.

Decided August 3, 1981.


Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Rudolph S. Westerband, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.


BUTTLER, Presiding Judge.

Defendant appeals his conviction of Rape in the First Degree (ORS 163.375), assigning error to the trial court's ruling permitting (more accurately, requiring) defense counsel to testify on rebuttal for the state. He contends that he was denied the right to a fair trial and to the effective assistance of counsel under both the United States1 and Oregon2 Constitutions. For the reasons...

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